Mr Fabio Pacifici v RD & M Gregg Ltd — 2020

This was a preliminary issue hearing to decide whether Mr Pacifici was disabled within the meaning of the Equality Act 2010 during the relevant period, 1 October 2018 to 14 October 2019. The claimant relied on ulnar nerve entrapment. The tribunal recorded that he worked for the respondent from 23 October 2017 until dismissal on 14 October 2019, and that the wider proceedings also included claims of disability discrimination, victimisation, holiday pay and notice pay, although only disability status was decided in this judgment.

The tribunal accepted that Mr Pacifici had some impairment from UNE, including pins and needles in his right arm and fingers and some pain in his right arm, and that prolonged use of a mouse and keyboard caused discomfort. However, it did not accept his evidence that the condition had the severe effect he described. The judge found him not credible on the extent and timing of the symptoms, noting the overlap with an unresolved pay dispute, the need to press him for dates, and the medical evidence showing, among other things, very mild ulnar neuropathy and limited support for the level of incapacity alleged.

On the facts found, the tribunal held that the symptoms were no more than trivial and did not amount to a substantial adverse effect on normal day-to-day activities. It therefore concluded that Mr Pacifici was not a disabled person at the material time. The judge noted that, if it had been necessary, there were also difficulties on long-term effect and the impact of medication, but those issues did not change the outcome once substantial adverse effect was not established.

The judgment therefore disposed of the disability status issue against the claimant, with the disability discrimination claim unable to proceed on that basis. The tribunal recorded that victimisation and holiday pay issues would remain for later case management and a further hearing.